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UPC APP 26610/2024
—·EP2263098: POSITIONING OF MOBILE OBJECTS BASED ON MUTUALLY TRANSMITTED SIGNALS
- Case details
- Status—ActionProcedural applicationCategoryOther Procedural
- Parties
- Respondents
- Apple GmbH
- Apple Distribution International Ltd.
- Apple Retail Germany B.V. & Co. KG
- Apple Retail France EURL
- Apple Inc.
Reps: Tilman Müller-Stoy (Bardehle Pagenberg) - Division
- Dusseldorf LD
- Judges
- —
- Technology
- Measurement & Testing
- Language
- —
- First decided
- Jun 18, 2024
Decisions
- 2024-06-18JurisdictionalGeneric application
The President of the Court of First Instance denied Apple's application to change the language of the proceedings from German to English (the language of the patent) in the infringement action brought by Ona Patents SL at the Düsseldorf Local Division. The President found that the balance of interests did not favour a language change, given that Ona Patents (a medium-sized Spanish company) had legitimate reasons to file in German and the change would represent a significant drawback for the claimant while providing only a slight advantage to Apple.
Legal issues:Change of language of proceedings to language of patent (Art. 49(5) UPCA, R. 323 RoP)Balance of interests between claimant and defendant in language decisionPosition of defendant as decisive factor (UPC_CoA_101/2024)
Documents
- 66462EA2FD127C30BECB4B50CE235229_en.pdf2024-06-18EN